This virtual notary deals with offering a modified alternative to traditional notarization, specifically the emerging environment of e-notarization as it continues to interface with e-commerce. However the nexus and undercurrent to this invention is the unyielding problem of identity theft. As the novelty of the internet continues to be supplanted by the practical everyday needs of the general public, the exposure for identity theft has risen arid there currently is no solution to stem it or significantly minimize the impact of its effect upon the lives of those individuals who potentially can become its victim. The internet is the premier source for all e-commerce activity and it is driven by the idea of convenience. Nonetheless, with this medium of convenience comes without conventional prejudice extreme exposure for identity theft.
However, the now federally mandated and enacted Electronic Signatures in Global and National Commerce Act (E-SIGN), coupled with the State level mandated and enacted Uniform Electronic Transaction Act (UETA), both bear the platform whereby unique innovations previously impractical and illegal can now become an integral part of the fight against the scourge of identity theft. According to the time honored notarization process and also the 2002 Model Notary Act sponsored by the National Notary Association (NNA), there are two cornerstone rules that underlie the notarization process. The first is that the fundamental principles of the traditional notarization must remain the same regardless of the technology used to create a signature.
No principle is more critical to notarization than that the signer must appear in person before a duly commissioned notary public to affix or acknowledge the signature and be screened for identity, volition, and basic awareness by the notary. While technology may be perfectible, the basic nature of the human beings who use it, unfortunately, is not. Any process—paper-based or electronic—that is called notarization of a signature must involve the personal physical appearance of a principal before a commissioned notary. Contrary to popular understanding, electronic notarization does not mean “remote” notarization, with the notary before a computer at Location A and the principal before a computer at Location B. In the Act, the definitions of the common notarizations apply both to paper and electronic documents, and all embody the fundamental principle that “the signer must appear in person” before the notary at the time of notarization. The second cornerstone of the article is technology neutrality. The Act posits software performance standards for electronic notarization which any qualifying technology must meet.
The aforementioned are comments that are found within the Model Notary Act of 2002, however as noted in the explanation of what the “comment” intent is; it reads in the FOREWORD section of the Model Notary Act: “comments are not an official part of the proposed legislation text”. The reason for this inclusion of information from the (NNA) is to show that within the field of this invention the (NNA) is aware that remote notarization is possible yet un-endorsable because of the seemingly tall hurdle of “personal appearance” vs. electronic imagery authentication/verification. This invention again passes over this hurdle not only without knocking it down but rather perfects the signatory verification process with great efficacy and precision.
The main idea of the Notary is to be a witness for the Secretary of the State wherein the Notary is commissioned. Yet, because of technology as is suggested in the Model Notary Act, the “technology neutrality” that the “Act” maintains cannot deny the opportunity for the e-notarization process, in its electronic evolution, to deter improvements that are provided for by both (E-SIGN) and (UETA). Again these Acts are the platforms for innovative approaches that will inchoate the remote electronic verification of a potential signatory. Therefore on the authority of both Acts the following is recited as sections along with observations concerning the invention is presented beginning with the
(E-SIGN) Act, 15 U.S. SEC. 7006 CHAPTER 96 SUBCHAPTER 1:
ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE
Section 7006: Definitions
(2) Electronic
The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities
This provision clearly identifies the opportunity for digital and wireless or optical technology to be employed as part of the process for signatory verification.
(3) Electronic Agent
The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
This provision opens the door for the invention of a device that will be the actual medium for electronic remote notarization.
(4) Electronic Record
The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) Electronic Signature
The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
(7) Information
The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
This is the most important provision that this legislative text has to offer as it pertains to this invention. This particular text uses the word “IMAGES” and the phrase “OR THE LIKE”, that allows for the employment of video cellular technology to ultimately be the basis for function of this invention.
(8) Person
The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(9) Record
The term “record” means information that is inscribed on a tangible medium; or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) Transaction
The term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct—
(A) The sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and
(B) The sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.
Section 7001: General rule of validity
(g) Notarization and Acknowledgment
If a statute, regulation, or other rule of law requires a signature or record relating to a transaction in or affecting interstate or foreign commerce to be notarized, acknowledged, verified, or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable statute, regulation, or rule of law, is attached to or logically associated with the signature or record.
(h) Electronic Agents
A contract or other record relating to a transaction in or affecting interstate or foreign commerce may not be denied legal effect, validity, or enforceability solely because its formation, creation, or delivery involved the action of one or more electronic agents so long as the action of any such electronic agent is legally attributable to the person to be bound.